Losing APRC due to DUI?

#1

I just saw this on FB:


How true is that?

#2

https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080132

Article 33

National Immigration Agency shall revoke or repeal a person’s permanent residence permit and cancel his/her Alien Permanent Resident Certificate if the person meets one of the following circumstances:

  1. Has submitted false or untruthful information for his/her application.
  2. Has used illegally acquired, counterfeited or altered documents.
  3. Has been sentenced to punishments of imprisonment for one (1) year or greater by a judicial authority, whereas a person who commits a crime due to his/her negligence is exempted.
  4. Has not resided for one hundred and eighty-three (183) days for each year during his/her permanent residence in the State. The person shall be exempted if he/she has the approval of National Immigration Agency to study abroad, seek medical treatment, or for other special reasons.
  5. Has restored the nationality of the State.
  6. Has acquired the nationality of the State.
  7. Has had the nationality of the State concurrently.
  8. Has been deported from the State.
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#3

How long was your friend’s sentence? I believe it needs to be more than 12 months for automatic APRC cancellation. yyy should know more.

Sounds like DUI combined with seriously hurting someone to me.

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#4

Is @yyy a drink expert or a criminal ? :scream:it seems draconian after 17 years of no trouble , if time served and fined etc already ? . Mind you dui is bad .

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#5

Taiwan is bad enough with it’s terrible drivers. I have little sympathy for drunk drivers.

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#6

The law is often draconian. My understanding of ROC law is the criminal offence needs to be greater than 12 months for deportation with an APRC holder. Obviously that’s more than just DUI.

I’m interested to find out if I’m right or wrong.

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#7

Not my friend. I just saw it in one Facebook group and had some doubts that it could be true add it seems too harsh for someone who have being here for 17y without any trouble.
10 days notice to leave? Wow!

#8

Do you know what the guy’s sentence was? Other than just being charged with DUI.

#9

No. All I know about the case was what I posted here. And I can’t even find the post anymore. It seems it was deleted.
I just didn’t know that an APRC could be revoked due to DUI.
I also think people are out of their minds to get behind a wheel after drinking, and should handle the consequences of such action. But you are right, there should be something else besides the DUI itself…

#10

DUI could be one year or more .

Criminal code of ROC
Article 185-3

A person who drives a motor vehicle in either of the following circumstances shall be sentenced to imprisonment for not more than two years, in addition thereto, a fine of not more than two hundred thousand NTD may be imposed:
1.the person’s breath alcohol content is of 0.25 milligrams per liter or more, or the person’s blood alcohol concentration is of 0.05% or more.
2. when circumstances other than those stipulated in the previous subparagraph appear to prove that the person has consumed alcohol or other similar substances that disable the person from driving safely.
3. when the person uses drugs, narcotics or other similar substances that disable the person from driving safely.
If the offense results in death, the offender shall be sentenced to imprisonment for not less than three years but less than ten years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than one year but less than seven years.

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#11

It happened 17 years ago and he wasn’t willing or able to get it expunged? You also don’t get sentenced to a year in prison for a normal DUI. I agree with someone else who said there were probably aggravating circumstances that were left out of the post, like perhaps him hurting someone, trying to flee the scene of the crime or maybe he’s a repeat DUI offender.

1 Like
#12

No. For what I understood, he got here 17 years ago and the incident happened recently.

#13

I don’t drink alcohol now and yes I think DUI is a very irresponsible thing to do , however, I think this was over harsh especially if the guy was already fined 200, 000 and served time. Seventeen years here is practically a home. Check this case out from the UK
https://www.dailymail.co.uk/news/article-6901271/Judge-ruled-Turkish-criminals-gang-membership-showed-socially-integrated-Britain.html

#14

No, and no. But yes it’s bad. Drunk flying is even worse!

1 Like
#15

I often think that Mods should be checked out for drugs and drink abuse before hacking away at posts , but there must be auto-pilot on Battle cruisers ? :smirk:

#16

That’s enough, Earthling. :unamused:

split this topic #17

A post was merged into an existing topic: Why so much 𝖗𝖊𝖕𝖗𝖊𝖘𝖘𝖎𝖔𝖓? :dvd:

#18

I often think that Mods should be checked out for drugs and drink abuse before hacking away at posts

No worries there, you think anyone could do this without a little help?

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#19

It’s certainly worth remembering that DUI and anything that carries a 12 Month term , could see you banished from the Island. As mentioned, maybe there is more to the offence .

#20

what does this mean: [revoked if] 5. Has restored the nationality of the State.

? restored his/her nationality? or made taiwan reunify with china? dont get this one.